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Several states are considering “trigger” laws that would allow their own labor authorities to effectively enforce labor laws if the National Labor Relations Board (NLRB or Board) fails or is unable to do so. This...more
Host Tom Godar welcomes back to the show Husch Blackwell attorney Mary-Ann Czak for the second installment of a two-part discussion on a recently published memorandum from William Cowen, Acting General Counsel of the National...more
While the National Labor Relations Board (“NLRB” or the “Board”) does not have a quorum, a pair of June 13, 2025 decisions by federal courts of appeal highlight key labor law issues under the National Labor Relations Act...more
A federal judge in Oregon has struck down the requirement that cannabis companies enter into a labor peace agreement (LPA) as a condition of obtaining or renewing a license. See Casala v. Kotek, D. Oregon, May 20, 2025....more
Cosmic shifts are happening in the jurisdictional landscape between the National Labor Relations Act (NLRA) and Railway Labor Act (RLA). These shifts have implications for private employers, as they have different rights and...more
Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr back to the show for the second and final part of a conversation exploring how organized labor has approached the early days of Trump 2.0. In this episode, Tom and...more
On April 14, 2025, a cannabis retailer filed suit to challenge the provision of New York’s cannabis law that requires licensed businesses to maintain labor peace agreements with their workers. The New York lawsuit asserts...more
Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more
On March 24, 2025, the Supreme Court declined to review a Ninth Circuit decision that provided an opportunity to clarify how its landmark decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) affects the...more
In mid-November, the National Labor Relations Board (NLRB) overturned 75 years of precedent and found that captive-audience meetings violate the National Labor Relations Act (NLRA) in its Amazon.com Services LLC decision....more
Last week, an adult-use cannabis processor and retailer filed suit to challenge the constitutionality of a new Oregon law that now requires entry into a labor peace agreement for licensure. A labor peace agreement does not...more
On February 14, the Acting General Counsel of the National Labor Relations Board issued a Memorandum announcing the rescission of many of the memoranda issued by his predecessor, General Counsel Jennifer Abruzzo. GC Abruzzo...more
On February 18, 2025, National Labor Relations Board Acting General Counsel William Cowen rescinded a September 2021 memorandum in which former Board General Counsel Jennifer Abruzzo declared college athletes should be...more
The Trump administration just made a significant move in reshaping federal labor law by beginning the process of undoing the labor policies put in place under the Biden administration. On February 14, 2025, National Labor...more
We often get a raised eyebrow or a confused look when discussing the National Labor Relations Act (NLRA) or National Labor Relations Board (NLRB). For companies free from union activity and free from following a collective...more
In IUOE, Local 39 v. National Labor Relations Board, No. 23-124, No. 23-150, 23-188, a U.S. Court of Appeals for the Ninth Circuit panel issued a 2-1 ruling on January 21, 2025, enforcing a National Labor Relations Board...more
On January 27, 2025, President Trump terminated National Labor Relations Board (“NLRB”) General Counsel Jennifer A. Abruzzo and Board Member Gwynne Wilcox. While Abruzzo’s termination was widely anticipated, Wilcox’s...more
Although National Labor Relations Board General Counsel Jennifer Abruzzo’s termination by President Donald Trump was widely expected, his removal of Board Member Gwynne Wilcox is unprecedented. Wilcox’s removal also leaves...more
In the first ten days of his second term, President Trump has already made significant moves impacting the labor and employment landscape. Some actions were expected, while others are unprecedented. On January 27, 2025, as we...more
In the evening hours of Monday, January 27, 2025, President Donald Trump fired National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo and Democratic Board member Gwynne Wilcox. While the termination of...more
Late on the evening of January 27, 2025, President Donald Trump removed National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo from her position, a move that was widely anticipated after former...more
In a much-anticipated move, President Donald Trump has fired Jennifer Abruzzo, the general counsel of the National Labor Relations Board (“NLRB”). Trump’s action follows a precedent set by former President Joe Biden. On his...more
On January 27, 2025, President Trump fired National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox, marking the first time that a president has ever attempted to remove a Board member prior to the end of...more
In this episode of The Burr Broadcast, Joe Barnello examines the recent decisions from the National Labor Relations Board on so-called captive audience meetings and communications regarding the management-employee...more
On November 8, in Siren Retail Corp., 373 NLRB No. 135 d/b/a Starbucks, the National Labor Relations Board (NLRB or Board) overturned its categorical rule that immunized nearly all employers’ statements concerning the effects...more